SOTONYE DENTON-WEST, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice Emmanuel A. Garba of Taraba State High Court delivered on 15th September, 2009.
The Appellants who were the complainants brought an application for leave to prefer a charge against the Respondents who were the accused persons at the trial court. The leave was granted. Thereafter the Respondents filed a motion on Notice seeking the following orders.
1. An order of the court setting aside its order of 12th November, 2008 which granted leave to the Appellants to prefer charges against the Respondents.
2. Further order quashing all the nine counts on the charge sheet.
3. An order striking out the entire case of the Appellants for being incompetent.
The trial lower court granted the prayers as contained in the motion and struck out the case. Hence this appeal and cross appeal by the Appellants and Respondents respectively.
The Appellants in their joint brief of argument dated 1…